Court No. - 55
Case :- SPECIAL APPEAL No. - 786 of 2019 Appellant :- Radhey Shyam Jaiswal And 4 Others Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Daya Shankar Srivastava,H. R. Misra, Sr. Advocate Counsel for Respondent :- C.S.C.,A.C.Tiwari(Ac)
Hon'ble Vikram Nath,J. Hon'ble Pankaj Bhatia,J.
Heard Sri H.R. Misra, Senior Advocate, assisted by Sri Daya Shankar Srivastava, learned counsel for the appellants and Sri J.N. Maurya, learned Chief Standing Counsel representing the respondent nos. 2, 3 and 4.
The present appeal has been filed challenging the judgement and order dated 25.4.2019 passed by the learned Single Judge whereby the learned Single Judge has dismissed the writ petition on the ground that no material was placed to show that the petitioners were selected and appointed on the post of Seench Paryavekshak at any point of time.
The counsel for the appellants has argued that vide Government Order dated 30.3.2013, in fact, the petitioners were also promoted after having served for 14 years and this fact was brought to the knowledge by moving an amendment application, which has been filed on record as Annexure-26 to the appeal.
The submission of the counsel for the appellants is that the appellants were appointed in accordance with law and in fact were also promoted and this fact has not been considered in the impugned order.
Considering the averments made at the bar and on perusal of the impugned judgement, it is clear that these averments, which were duly on record, have not been considered by the learned Single Judge while dismissing the writ petition. The material highlighted and duly placed on record ought to have been considered.
Considering the said averments. the impugned judgement and order dated 25.4.2019 is set aside and the matter is remanded for fresh adjudication before the learned Single Judge.
The appeal is allowed in terms of the order passed above.
Order Date :- 22.8.2019 Puspendra .
(Pankaj Bhatia,J.) (Vikram Nath,J.)